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(영문) 광주고등법원 2015.10.08 2014누6745
상업용화물자동차 유가보조금 지급정지처분취소
Text

1. Revocation of a judgment of the first instance;

2. On November 18, 2013, the Defendant’s respective business activities indicated in the attached Table 1, as against the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff, a corporation operating trucking transport business, etc., obtained permission for the change of trucking transport business (hereinafter “instant permit”) from the Defendant, following a review by the public official in charge of trucking transport business from September 23, 2004 to December 15, 2006, to grant a permit for the increase of 50 vehicles for oil transport from the Defendant (hereinafter “the instant permit”). According to the instant permit for the increase of the number of vehicles, the Plaintiff filed an application for the registration of a motor vehicle with the public official in charge of trucking transport business from September 23, 2004 to January 5, 207 as indicated in the date of registration of the attached Table 1, as shown in the attached Table 1, and filed an application for the registration of a motor vehicle with the public official in charge of the registration of a motor vehicle for business as above along with the registration of a motor vehicle for business (hereinafter “motor vehicle transport business”).

B. On May 28, 2008, Jeonnam-do restricted permission (including permission for change) for cargo vehicles from January 20, 2004 to the Si/Gun affiliated with the same Si/Gun, but increased the number of Trackers, a special motor vehicle towing type for business, for which new permission has been restricted by illegal or convenient means. Accordingly, since the above date and time, the Trackers newly registered on the car registration computer network have been established for each Si/Gun and conducted a daily inspection, and the results have been shipped off. The defendant conducted the self-inspection on December 10, 2008, and issued an order on December 10, 2008 that "the Trackter was found to have been illegally increased." Thus, the Trackter's subsidy for the above Trackers until the Ministry of Land, Transport and Maritime Affairs issues separate instructions.

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